properly on the issue of self-defence, although he had indicated that he would do so. He further indicates that one of the prosecution witness was the deceased's uncle, who had had previous serious but unspecified differences with the author. article 9, paragraphs 2 to 4. Thus, the trial transcript reveals that the author was detained on 22 February 1983 but only "cautioned" eight days later (2 March 1983). This situation, it is submitted, is contrary to article 9, paragraph 2, which requires that a general description of the reasons for the arrest must be given when it occurs, and that subsequently, the specific legal reasons must be provided. It is claimed that in view of the eight day delay between arrest and "cautioning", the author was not "promptly informed of any charges against him". 2.6 Throughout trial and appeal, the author was represented by legal aid attorneys. A London law firm represented him pro bono before the Judicial Committee of the Privy Council. 2.7 The author contends that he has exhausted domestic remedies. He notes that while he could theoretically still file a constitutional motion, this remedy is not in reality available to him, as he is destitute and no legal aid is made available by the State party for the purpose of constitutional motions. 3.4 The above situation is also said to amount to a violation of article 9, paragraph 3: as Mr. Stephens was only charged eight days after being detained, he was not "promptly" brought before a judicial officer within the meaning of this provision. Reference is made to a number of Views adopted by the Committee,3 with individual opinion of Bertil Wennergren, and 277/1988 (Terán Jijón v. Ecuador). Consequently, his rights under article 9, paragraph 4, were also violated, as he was not afforded in due course the opportunity to obtain, on his own initiative, a decision on the lawfulness of his detention by a court of law. The complaint 3.1 Counsel submits that Mr. Stephens is a victim of a violation of articles 7 and 10, paragraph 1, on account of his detention, during 7 years and 10 months, on death row. In this context, he notes that between conviction in February 1984 and his classification as a non-capital offender,1 the author was confined to death row under deplorable conditions, constantly facing the prospect of imminent execution. Counsel notes that such a prolonged period of detention under conditions of constant anxiety and "agony of suspense" amounts to cruel and inhuman treatment within the meaning of article 7. Reference is made to the judgment of the Judicial Committee of the Privy Council in the case of Pratt and Morgan, in which the complainants' prolonged detention on death row was held to be contrary to Section 17 (1) of the Jamaican Constitution.2 3.5 It is submitted that a delay of almost three years (35½ months) between conviction and appeal amounts to a violation of article 14, paragraphs 3 (c) and 5, of the Covenant. Counsel concedes that the reasons for this delay remain unclear, despite many attempts by his law firm and the Jamaica Council for Human Rights to contact the author's lawyer for the trial and to ascertain the reasons for the delay. He emphasizes, however, that Mr. Stephens did nothing to cause, or contribute to, this delay between his conviction and the hearing of the appeal. The same delay is also said to constitute a violation of article 14, paragraph 1, by reference to the Committee's Views in Muñoz v. Peru,4 where it was held that "the concept of a fair hearing necessarily entails that justice be rendered without undue delay". 3.2 Counsel further claims a violation of article 10, paragraph 1, of the Covenant, on account of the bad conditions of detention the author was and remains subjected to. He does so by reference to two reports from two non-governmental organizations on prison conditions in Jamaica (May 1990) and on deaths and ill-treatment of prisoners at St. Catherine District Prison (where the author was detained until December 1992). These reports complain about gross overcrowding, total lack of sanitation and medical or dental care, inadequate food in terms of nutrition, quantity and quality, and lengthy cellular confinement. 3.6 Finally, counsel submits that the author has been subjected to ill-treatment by prison warders of St. Catherine District Prison, in violation of articles 7 and 10, paragraph 1, of the Covenant. Thus, in the course of 1991, a warder allegedly hit the author over his head until he lost consciousness, and the author had to be taken to hospital. In a questionnaire filled out by the author for the Jamaica Council for Human Rights, he notes that "he still has problems with his right eye as a result". The Office of the Parliamentary Ombudsman was contacted 3.3 It is submitted that the circumstances of the author's pre-trial detention amount to a violation of 3 1 Under the Offences against the Person (Amendment) Act of 1992. See Views adopted in cases Nos. 253/1987 (Paul Kelly v. Jamaica). 2 4 Privy ber 1993. Council Appeal No. 10 of 2 Communication No. 203/1986, 4 November 1988, paragraph 11.3. Novem- 37 adopted on